On 5 January 2012, President Danilo Türk proposed Zoran Janković as the candidate to form a government to the National Assembly.

[2] However, in the evening of 9 January, DL announced it would not support Janković as the new prime minister and also not join his coalition, due to large differences in the programs of the parties.

In a secret ballot, his candidacy only gained the support of 42 deputies, two less than expected prior to the voting, and four short of the absolute majority needed for his election.

Following the election of Janez Janša as the Prime Minister in the second round of the voting, Positive Slovenia became an opposition party.

The trouble began when Commission for the Prevention of Corruption of the Republic of Slovenia (KPK) published a report of control of the assets of each president of Slovenian parliamentary parties.